PDF generated: 04 Oct 2013, 20:09

This complete constitution has been generated

from excerpts of texts from the repository of the

Comparative Constitutions Project, and distributed on

constituteproject.org.

constituteproject.org

Central African Republic's

Constitution of 2004 with

Amendments through 2010

constituteproject.org PDF generated: 04 Oct 2013, 20:09

Central African Republic 2004 (rev. 2010) Page 2

preambleThe Central African People

Proud of their national unity, linguistic [unity] and of their ethnic, cultural and religious diversitywhich contribute to the enrichment of their personality,

Convinced of the urgent necessity to preserve national unity and peace, guarantees of economic andsocial progress,

Conscious that only the persistent work as well as the rigorous and transparent management ofpublic affairs [chose] and of the environment can assure a harmonious, rational and durabledevelopment,

Resolved to build a State of Law founded on a pluralistic democracy, guaranteeing the security ofpersons and of property, the protection of the most weak, notably vulnerable persons, the minorities,and the full exercise of the fundamental freedoms and rights,

Animated by the desire to assure to Man his dignity within respect for the principle of "Zo Kwe Zo"declared by the Founding Father of the Central African Republic, Barthelemy Boganda,

Conscious that tolerance and dialogue constitute the foundation [socle] of peace and of nationalunity,

Convinced that universal suffrage is the sole source of the legitimacy of public power,

Firmly opposed to the conquest of power by force and by any form of dictatorship and oppression, aswell as any act of division and maintenance of hatred,

Convinced that it is essential that the Rights of Man will be protected by a regime of law,

Convinced of the necessity for political, economic and social African integration at the subregionaland regional levels,

Desirous to forge ties of amity with all peoples on the basis of the principles of equality, of solidarity,of reciprocal interests and of mutual respect of national sovereignty as well as of territorial integrity,

Reiterating their will to cooperate in peace and amity with all States, to work for the African Union inaccordance with the Constitutive Act adopted on 12 July 2000, to promote the peaceful regulation ofdifferences between States with respect for Justice, for Equality, for Freedom and for theSovereignty of Peoples,

Reaffirms their adherence to the Charter of the Organization of the UnitedNations, to the UniversalDeclaration of the Rights of Man of 10 December 1948, to the International Pacts of 16 December1966 concerning economic, social and cultural right on the one hand and civil and political rights onthe other,

Reaffirms its commitment to the African Charter of the Rights of Man and ofPeoples of27 June 1981,

Reaffirms its adherence to all International Conventions duly ratified, notably those concerning theprohibition of all forms of discrimination with regard to women as well as those concerning theprotection of the rights of the child.

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Central African Republic 2004 (rev. 2010) Page 3

TITLE I

OF THE FUNDAMENTAL BASES OF SOCIETY

Article 1

The human person is sacred and inviolable. All agents of public authority, [and] any organization, havethe absolute obligation to respect it and to protect it.

The Republic recognizes the existence of the Rights of Man as the basis for allhuman community, ofpeace and of justice in the world.

Article 2

The Republic proclaims respect [for] and intangible guarantee of the development of the personality.Everyone has the right to the free development of their personality if they neither violate the rightsof others, nor infringe the constitutional order.

Article 3

Everyone has the right to life and physical integrity. They may only be infringed in these rights byapplication of a law.

No one may be subjected either to torture, or to rape [viol], or to cruel, inhuman, degrading orhumiliating acts or treatment. Any individual, [or] any agent of theState, [or] any organization that isrendered culpable of such acts, will be punished in accordance with the law.

No one may be arbitrarily arrested or detained. Every defendant is presumed innocent until theirculpability has been established following a procedure offering to them the guarantees indisputablefor their defense. The legal time period of detention must be respected.

No one may be convicted except by virtue of a law [which] had entered into force before the actcommitted.

The rights of defense are exercised freely before all the jurisdictions and the administration of theRepublic.

Any person made the object of a measure deprivative of liberty has the right of being examined andtreated by a doctor of their choice.

Article 4

The freedom of the person is inviolable.

The freedoms of movement [aller et venir], of residence and of establishment on the whole extent ofthe territory are notably guaranteed to all within the conditions established by the law.

Article 5

All human beings are equal before the law without distinction of race, of ethnic origin, of region, ofsex, of religion, of political affiliation[,] and of socialposition.

The law guarantees to the man and to the woman equal rights in all the domains.

In the Central African Republic one is neither subject [to] nor [has] a privilege of place of birth, ofperson or of family.

No one can be forced into exile.

No one may be made the object of house arrest or of deportation, except by virtue of a law.

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Central African Republic 2004 (rev. 2010) Page 4

Article 6

Marriage and family constitute the natural and moral basis of the human community. They are placedunder the protection of the State.

The State and the other public collectivities have, collectively [ensemble], the duty to see to thephysical and moral health of the family and to encourage it socially by the appropriate institutions.

The protection of the woman and of the child against violence and insecurity, exploitation and moral,intellectual and physical neglect[,] is an obligation of theState and the other public collectivities. Thisprotection is assured by the appropriate measures and institutions of the State and of the otherpublic collectivities.

Parents have the natural right and the primordial duty to raise and educate their children so as todevelop in them [a] good physical, intellectual and moral aptitude. They are supported in this task bythe State and the other public collectivities.

Children born outside of marriage have the same rights to public assistance that legitimate children[have].

Natural children, legally recognized, have the same rights as legitimate children.

The State and the other public collectivities have the duty to create the prerequisite conditions andthe public institutions that guarantee the education of children.

Article 7

Everyone has the right of access to sources of knowledge. The State guarantees to the child and tothe adult access to instruction, to culture, and to vocational[professionnelle]training.

Education and instruction must be provided to youth by public or private establishments.

Private establishments may be opened with the authorization of the State, within the conditionsestablished by the law. They are placed under the control of theState.

Parents have the obligation to provide education and instruction to their children until the age ofsixteen (16) years at least.

The State and other public collectivities have the obligation to create and to assure the goodfunctioning of the public establishments for the education and the instruction of youth.

Education is gratuitous in the public establishments at the various [divers] levels of education.

Article 8

The freedom of conscience, of assembly, [and] of the free exercise of beliefs[cultes] are guaranteed toall within the conditions established by the law.

Any form of religious fundamentalism and intolerance is prohibited.

Article 9

The Republic guarantees to every citizen the right to work, to a healthy environment, to rest and torecreation within respect for the requirements of national development. It assures to them theconditions favorable for their development through an efficient policy of employment.

All citizens are equal concerning employment. No one may be discriminated against in their work ortheir employment because of their origin, of their sex, of their opinions, or of their beliefs.

All workers participate, through the intermediary of their representatives, in the determination ofworking conditions.

The laws establish the conditions of assistance and of protection accorded to workers, and mostparticularly to the most young, to the most elderly, to the handicapped[,] as well as to those who havehealth problems due to the conditions of their work.

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Central African Republic 2004 (rev. 2010) Page 5

Article 10

The syndical right is guaranteed and is exercised freely within the framework of the laws whichregulate it.

Any worker can affiliate with the union of their choice and defend their rights and interests throughtrade union action.

The right to strike is guaranteed and is exercised within the framework of the laws which regulate itand may, in no case, infringe either the freedom to work, or the free exercise of the right of property.